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War on trial, Ed Horgan's case open today

category national | miscellaneous | news report author Thursday April 03, 2003 11:43author by Eoin Dubsky - Refueling Peaceauthor email info at refuelingpeace dot orgauthor phone 087-6941060

A High Court challenge to the use of Shannon airport by Iraq-bound US military aircraft will open this morning.

The action is being taken by retired army Commandant, Edward Horgan, from Castletroy in County Limerick.

It is expected to last until the end of the present law term on 11 April and judgement is likely to be reserved.

Edward Horgan is challenging the state's granting of landing rights at Shannon airport to US planes bound for Iraq.

His Senior Counsel, John Rogers, has said his case is that a neutral state has a duty under international law not to permit the movement of troops and munitions on its territory.

He will call a military witness who will testify that allowing over-flights and refuelling at Shannon by the US military constitutes participation by Ireland in war.

Mr Horgan's case will rely on Article 29.3 of the Constitution.

The case will be heard by Mr Justice Nicholas Kearns.

The State and Government will be represented in the challenge and are expected to mount a strong defence.

Whatever the outcome, the case is likely to go on appeal to the Supreme Court.

It has already been indicated that a judgement in the High Court action is unlikely before the end of April.

An appeal to the Supreme Court would mean a final decision is unlikely for at least another month after that.

Related Link: http://www.rte.ie/news/2003/0403/shannon.html

Comments (5 of 5)

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author by Clarepublication date Thu Apr 03, 2003 13:46author address Galwayauthor phone

Best of luck Ed and thanks Eoin for posting this up. Keep us up to date with how this progresses.


Clare

author by Robpublication date Thu Apr 03, 2003 14:01author address author phone

Beyond anything else this could be the most effective way of bringing real facts to the media on a large scale. The government will have to answer questions directly without avoidance. And surely this has the backing of the majority of Irish law professionals.

Take 'em down Ed.

author by denisepublication date Tue Apr 08, 2003 13:30author address author phone

bravo ed,
its amazing what you're doing, you are an inspiration and i wish you all the best.

author by Avi H.publication date Tue Apr 08, 2003 23:38author address author phone

Ireland isn't really neutral. It doesn't have the independent statepower to be truly neutral, as it has massive cultural and economic ties to other English-speaking countries. Whatever is said in public, in reality it is firmly sandwiched in the middle of the Anglo-American power block. Therefore, ultimately, it has to do the bidding of the US and the UK. The top echelons of the Irish government are perfectly aware of this and always act accordingly.

This is easy stuff, isn't it?

author by Mark and Nancy - life kidspublication date Mon Apr 14, 2003 22:53author email hewasaniceguy at yahoo dot co dot ukauthor address author phone

A real neutral state would not need such a court case to take place. Alas Ireland does.

Ed, wish you luck.

I've seen John Rogers in action on the TV, and he kicks ass.

peace

Mark and Nancy



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